Italy is a democratic Republic with a bicameral parliamentary system. The Parliament consists of the Chamber of Deputies (Camera dei deputati) and the Senate (Senato della Repubblica). Deputies (deputati) are elected by direct and universal suffrage on a national basis;  members of the Senate (senatori) are elected by universal and direct suffrage, on a regional basis, by voters who are twenty-five years of age . Both cameras have legislative powers, on equal footing (bicameralism perfetto) and reserve seats representing citizens living abroad (Overseas constituencies or circoscrizione Estero). The Government is led by the Prime Minister (Presidente del Consiglio dei Ministri) and the Head of State is the President of the Republic (Presidente della Repubblica).

The country is organised in Regions (regioni), Provinces (province), Municipalities (comuni) and metropolitan cities (città metropolitaneà)[1]. The Regions[2] the Provinces[3] and the Municipalities[4] and Metropolitan Cities[5] may adopt their own statutes. There are fifteen Regions with ordinary status[6] (regioni a statuto ordinario): Piemonte, Lombardia, Veneto, Liguria, Emilia-Romagna, Toscana, Umbria, Marche, Lazio, Abruzzo, Molise, Campania, Puglia, Basilicata and Calabria.  Five Regions – Friuli-Venezia Giulia[7], Sardinia[8], Sicily[9] Trentino-South Tyrol[10], and the Aosta Valley[11] – have special forms and conditions of autonomy pursuant to the respective special statutes adopted by constitutional law (regioni autonome  - a statuto speciale), taking into account relevant geographic and/or cultural specific features. The Trentino-South Tyrol Region is composed by  the two autonomous provinces of Trento and Bolzano.

Regions have legislative and administrative competences, defined by their statutes.

In accordance with the 1947 Constitution, the Italian Republic is 'unitary', while recognising the principles of local autonomy and decentralisation[12]. Nevertheless, as of today, Italy is considered as a 'regionalised' country. In this respect, regionalism has been progressively established after World War II, in reaction to the high centralisation that characterised the Fascist regime. Regional functions and responsibilities were broadened especially during the 1990s, via the so-called 'Bassanini' laws (in particular Law 59/1997) which propelled the modernisation of sub-national institutions and governance. In addition, the regional statutory autonomy was enlarged by a constitutional reform intervened in 1999[13] and in 2001 a major change to the constitution modified the division of legislative competences between the State and the Regions, by distinguishing between exclusive competencies of the State, concurrent competencies, and exclusive competencies of the Regions. Five years later, in 2006, another constitutional reform destined to broadening regional autonomy was rejected by referendum.

In December 2016, a Constitutional reform  was rejected by referendum. The reform aimed to amend the Constitution in the following ways[14] : differentiating the powers and composition of the two Chambers, having the Senate as a consultative body representing regional governments ; decreasing the number of Senators and changing their appointment to one by regional administrations; assigning competence in pensions, employment, culture, tourism, insurance, and competition to the central government, and in health, social policies, food security and education to regional governments; removing the level of provinces – the second-tier of government between the regions and the municipalities; and abolishing the National Council for Economics and Labour (Consiglio Nazionale dell'Economia e del Lavoro).

Every region has a statute that serves as a regional constitution, determining the form of government and the fundamental principles of the organisation and the functioning of the region, as prescribed by the Constitution  (Article 123). The five regions with special autonomy were granted this status in the original constitution, whereas the remaining fifteen Regions with ordinary status were established in 1970 and their administrative functions were transferred between 1972 and 1977. The main difference between the special status and the ordinary status is that while the ordinary statute is adopted and modified by regional law, the special statute is adopted by constitutional law, as well as any change thereof.

The reform of Title V of the Constitution of 2001 has increased the powers of ordinary statute regions, especially regarding subjects with concurrent jurisdiction between state and region. To some extent, this reform weakened the distinction between the ordinary and special status Regions.

Regarding Provinces and Municipalities and Metropolitan Cities, their statutory autonomy was recognised in 1990 and enshrined in the Constitution in 2001. After the entry into force of Law 56/2014[15] began a process of suppressing Provinces by reducing their power, reinforcing the role of Regions and Municipalities and conferring more responsibilities to Metropolitan Cities. The results of this reform were the following: Provinces lost their status of elective bodies and became a territorial body for wide areas (ente territoriali di area vasta), responsible of wider territorial planning and programme delivery. Secondly, Metropolitan Cities were recognised as government entities in charge of the former provinces' responsibilities. Thirdly, smaller municipalities were encouraged to merge with greater ones.

Currently, there are 107 Provinces, of which 14 are Metropolitan Cities, and two correspond to Autonomous Provinces. They are recognised as ordinary administrative entities of second level, and, in total, the different provinces comprise 7.904 municipalities (Comuni).  The autonomy of Provinces, Metropolitan Cities and Municipalities is more limited than the regional one, due to their lack of legislative autonomy. These units have specific administrative functions and general competence for local affairs, however, the State or Regions may delegate additional competences to them[16]. The Metropolitan Cities enjoy the same powers as the Provinces they superseded but have additional responsibilities related to issues commonly found in large urban areas (e.g. transport, local planning). Thus, they comprise a local self-government at the same time as responding to the central Government. Ten Metropolitan Cities were established by the Law 56/2014, namely Rome, Milan, Naples, Turin, Bari, Florence, Bologna, Genoa, Venice, and Reggio Calabria. Three others were established in 2015 – Palermo, Catania and Messina – and Cagliari in 2016.

The institutionalisation of Metropolitan Cities and the reorganisation of the provincial functions ordered by Law 56/2014 are still in a transitional stage in which governance models are not yet consolidated and usually respond to ad-hoc agreements between the different administrative entities[17]. Thus, the responsibilities of Provinces and Metropolitan Cities are progressively changing: their definition responds to local processes and face difficulties derived from the rescaling and transfer of competencies from Regions to Metropolitan Cities and given the heterogeneity between Provinces, some new functions have turned out to be inadequate or insufficient[18].

Regarding the relationship between the national and subnational levels, the Constitution guarantees both local self-government and the subsidiarity principle. It gives indications on the exclusive competencies of the State, concurrent competencies, and exclusive competencies of the Regionss[19] Residual competence is vested in the Regions.[20]

The State is vested with regulatory powers relating to its exclusive legislative powers, although it may delegate them to the Regions. Regions have regulatory power in all other matters. The Metropolitan Cities and Municipalities have regulatory powers for the organisation and implementation of their functions.[21] Under the principle of subsidiarity, adequacy and differentiation, and to ensure harmonisation, the municipalities may be delegated administrative responsibilities by the Regions and the State, unless they are delegated to the Provinces or the Metropolitan Cities[22].

On February 28^th 2018, the central Government signed three individual preliminary agreements with three regions (Lombardia, Veneto and Emilia-Romagna) on the recognition of “differentiated autonomy" (autonomia differenziata). According to article 116 (3)of the Italian Constitution, additional autonomy can be guaranteed to the regions with ordinary status on the following areas of competency: organisation of peace justice, general norms on education, environment and cultural heritage protection.  Such “differentiated autonomy" status is established by special legislation based on the agreement between the central Government and the region and approved by the absolute majority in the Chamber and the Senate. Following two consulting referendums in Lombardia and Veneto (22 October 2017) and a decision approved by the regional assembly in Emilia-Romagna, the central Government and the three regions have stipulated three individual preliminary agreements. The “differentiated autonomy" status shall last 10 years, during which any changes can be made if both parties agree. According to the initial agreements, Lombardia, Veneto and Emilia-Romagna shall have autonomy on the following areas: environment protection, healthcare prevention, education, employment protection, international relationships with the European Union. However, the three regions have expressed the will to expand beyond those areas. Following these initial agreements, other regions (Piemonte, Liguria, Toscana, Umbria and Marche) have voiced their interest to obtain the “differentiated autonomy" status. Following the initial agreements, the department of regional affairs and autonomies has been working on the final proposals regarding the implementation of the agreements.

Since the 2001 constitutional reform, the central Government is no longer able to suspend regional legislation. Disputes either between the central Government and the Regions, or between Regions are referred before the Constitutional Court (Corte costituzionale)[23].

The Regions and the autonomous Provinces of Trento and Bolzano participate in the EU decision-making process in the areas falling within their competences[24]. Upon their request, and under certain circumstances, the Government may appeal to the Court of Justice of the EU against EU acts. It is obliged to do so if the State-Regions Conference demands so with an absolute majority[25].

Sub-national governments are granted financial autonomy regarding revenues and expenditure[26] (the so called “fiscal federalism" foreseen in the constitutional reform of 2001 has been implemented by Law 42/2009 and its subsequent law-decrees). Revenues are derived from taxation (own-source and shared), grants, and other sources. For detailed information on fiscal decentralisation in Italy, a report on fiscal decentralisation or federalism of local and regional authorities in all member states is available.[27]

Central level

The State shall have exclusive legislative powers in the following areas[28]: 

• State foreign policy and international relations, including State relations with the European Union, the right of asylum and the legal status of non-EU citizens;
• Immigration;
• Relations of the State with religious groups;
• Defence and armed services;
• Money, savings and financial markets;
• Tax system and fiscal equalisation;
• State bodies and corresponding electoral laws, State referendum and elections to the European Parliament;
• State administration;
• Public order and security, except local police administration;
• Citizenship, civil status and registry;
• Jurisdictions and proceedings norms;
• Criminal, civil and administrative justice;
• Determination of minimum standards of civil and social rights that shall be guaranteed throughout the national territory;
• General education standards;
• Social welfare;
• Electoral legislation, main bodies and functions for municipalities, provinces and metropolitan areas;
• Customs, protection of national borders and international prophylaxis;
• Weights and measures, and time standards;
• Coordination of the statistical and information system (central, regional and local);
• Environment and ecosystem protection, and
• Cultural heritage protection.

The State exercises concurrent legislative power with the Regions in a number of other areas listed in Art. 117 of the Constitution (see regional responsibilities). 

The power to issue regulations shall be vested in the State regarding matters where it has exclusive legislative power, insofar as it does not devolve such power to the Regions[29].

 

Regional level

The Regions shall have (exclusive) legislative power with respect to any matters not expressly attributed to the State or to the concurrent legislation[30].

There is a number of matters of concurrent legislation for which the State shall only set fundamental principles[31]:

• International and EU relations of the Regions;
• Foreign trade;
• Protection and security at work;
• Education, except autonomy in scholastic education and vocational training;
• Professions;
• Scientific and technologic research as well as support to innovation in productive sectors;
• Protection of health;
• Food;
• Sports;
• Civil protection;
• Town planning;
• Civil ports and airports;
• Large-scale transport and navigation networks;
• Communications;
• Energy production, transportation and distribution;
• Complementary social welfare;
• Public accounts harmonisation, coordination of the public finances and taxation system;
• Development of cultural and environmental resources;
• Regional savings bank, rural banks and credit agencies, and
• Regional land and agricultural credit institutions.

The power to issue regulations shall be vested in the Regions in all matters not subject to exclusive State competence[32].

Local level

Responsibilities of the provinces

The Legislative Decree 267/2000 regulates responsibilities of Provinces[33]. Since the entry into force of the Law 56/2014[34], Provinces are no longer an elective body and are considered as territorial bodies for wide areas (Enti di area vasta) with limited functions as required by wide territorial areas and/or as requested to support local municipalities.  According to Law 56/2014, functions previously performed by Provinces have been mostly devoted to Regions and each Region was expected to legislate on how they would be performed.

Provinces have competence in the following areas (Art 1 comma 85 Law 56/2014):

• Coordination of territorial planning as well as environmental protection, as pertains to provinces.
• Transport planning within provincial remit, authorisation and control of private transportation in agreement with regional programmes, as well as construction and management of provincial road network and regulation concerned road traffic.
• Data gathering and analysis to provide technical and administrative support to local bodies;
• Management of public education buildings.
• Control of discrimination in employment and promotion of equal opportunities at provincial level.

Moreover, provinces also cover the following fundamental functions (Art 1 comma 86 - 88Law 56/2014):

• Strategic territorial development and management of services associated to the specific features of the territorial area;
• Management of institutional relations with other ordinary provinces, independent provinces, regions with special status and territorial bodies of adjoining states of which territory is mountainous.
• In agreement with municipalities, design bid for proposals, monitor service contractors and organise selective procedures of service procurement.

Responsibilities of the Metropolitan Cities

The Legislative Decree 267/2000[35] regulates responsibilities of Metropolitan Cities, to be understood in accordance with the amendments introduced with the Law 56/2014. The law regulates Metropolitan cities status, functions and their relationships with municipalities.

Metropolitan cities are governmental bodies responsible for:

• Strategic metropolitan development;
• Integrated development and management of services, infrastructures and communication networks that are of interest for the city;
• Management of institutional relationships with other metropolitan cities both at national and European level;

Metropolitan cities are responsible of the former's provinces responsibilities:

• Annual update and implementation of the triennial masterplan of the metropolitan area;
• General territorial planning, including communication, services and infrastructure networks, and coordination and supervision of municipalities' functions that are part of the metropolitan area;
• Give structure to integrated public services and, in collaboration with interested municipalities, coordinate and manage procedures of local procurement (call for services, monitoring and selection criteria);
• Transport mobility, ensuring compatibility and coherency of municipal urban planning at metropolitan level.
• Promotion and coordination of economic and social development activities, ensuring support to economic activities and innovative research that are in line with the metropolitan masterplan;
• Promotion and coordination of digital information systems at metropolitan level.

Responsibilities of the municipalities

Administrative responsibilities of the municipalities are (Art. 13 of Legislative Decree 267/2000):

• Social welfare, in particular personal social services and community assistance;
• Education, including school-related services such as canteens, school buses, assistance for the disabled, pre-school childcare and nursery schools;
• Culture and recreation, including museums, exhibition halls, cultural activities and theatre;
• Planning, including town planning, housing, and land registry;
• Transport, in particular running of local transport and maintenance of local roads;
• Economic development, including drafting of plans for trade, planning, programming and regulation of commercial activities, as well as establishment and management of industrial and trade zones;
• Environment, including waste management, and
• Local police.

Deconcentrated responsibilities of the municipalities are (Art. 14 of Legislative Decree 267/2000): 

• Registry, including births, marriages and deaths,
• Elections;
• Military service, and
• Statistics.

Upland communities (Comunità Montane) have special competences in the following fields:

• Planning, in particular enhancement of upland areas;
• Joint discharge of municipal responsibilities;
• Tasks conferred on them by the EU or state or regional laws and policies;
• Economic development, including multi-annual work and operation plans, and
• Instruments for pursuing socio-economic development objectives, including those laid down by the EU, the State, or a Region.

[1] Constitution, Article 114.

[2] Constitution, Article 123.

[3] Decreto Legislativo 18 agosto 2000, n. 267 "Testo unico delle leggi sull'ordinamento degli enti locali" (G.U. n. 227 del 28 settembre 2000 - Supplemento Ordinario n. 162) [Legislative Decree 267/2000 “Consolidated text of the laws governing local authorities"], Article 6.

[4] Constitution, Article 118.

[5] Legge 7 aprile 2014, n. 56 “Disposizioni sulle città metropolitane, sulle province, sulle unioni e fusioni di comuni" (G.U. n. 81 del 7 aprile 2014) [Law 56/2014 "Provisions on metropolitan cities, provinces, unions and mergers of municipalities"].

[6] The statutes of 13 of them were approved by Law 339/1971 to Law 339/1972 of 22 May 1971 (Official Gazette n.148, 14 June 1971). The Statute of the Abruzzo Region was approved by the Law 480/1971 (Official Gazette 190, 28 July 1971); and the Statute of the Calabria Region was approved by the Law 519/1971 (Official Gazette 195, 3 August 1971).

[7] Legge costituzionale 31 gennaio 1963, n. 1 “Statuto speciale della Regione Friuli-Venezia Giulia" (G.U. n. 29 del 1 febbraio 1963) [Constitutional Law 1/1963 “Special statute for the Friuli-Venezia Giulia Region"].

[8] Legge costituzionale 26 febbraio 1948, n. 3 “Statuto speciale per la Sardegna" (G.U. n. 58 del 9 marzo 1948) [Constitutional Law 3/1948 “Special statute for Sardinia"].

[9] Regio Decreto Legislativo 15 maggio 1946, n. 455 “Approvazione dello statuto della Regione siciliana" (G.U. n. 133 del 10 giugno 1946) [Royal Legislative Decree 455/1946 “Approval of the statute of the Sicilian Region"].

[10] Legge costituzionale 26 febbraio 1948, n. 5 “Statuto speciale per il Trentino-Alto Adige" (G.U. n. 62 del 13 marzo 1948) [Constitutional Law 5/1948 “Special statute for Trentino-Alto Adige"].

[11] Legge costituzionale 26 febbraio 1948, n. 4 “Statuto speciale per la Valle d'Aosta" (G.U. n. 59 del 10 marzo 1948) [Constitutional Law 5/1948 “Special statute for the Aosta Valley"].

[12] Constitution of 1947, entered into force on 1 January 1948, Articles 5 and 114.

[13] Legge costituzionale 22 novembre 1999, n. 1 “Disposizioni concernenti l'elezione diretta del Presidente della Giunta regionale e l'autonomia statutaria delle Regioni" (G.U. n. 299 del 22 dicembre 1999) [Constitutional Law 1/1999 “Provisions concerning the direct election of the President of the Regional Council and the statutory autonomy of the Regions"].

[14] For further analysis see Bergman, Matthew E. (2019): Rejecting constitutional reform in the 2016 Italian referendum: analysing the effects of perceived discontent, incumbent performance and referendum specific factors, Contemporary Italian Politics, p. 2. DOI: 10.1080/23248823.2019.1600956

[15] Legge 7 aprile 2014, n. 56 “Disposizioni sulle città metropolitane, sulle province, sulle unioni e fusioni di comuni" (G.U. n. 81 del 7 aprile 2014) [Law 56/2014 "Provisions on metropolitan cities, provinces, unions and mergers of municipalities"].

[16] Constitution, Article 118

[17] Bolgherini, S., Lippi, A., & Maset, S. “In mezzo al guado. La governance subregionale tra «vecchie» province e «nuove» aree vaste", Rivista Italiana di Politiche Pubbliche, Vol.11, issue 3, 2016, pp. 341-372.

[18] Crivello, S. & Staricco, L. Institutionalising Metropolitan Cities in Italy. Success and limits of a centralistic, simplifying approach. Urban Research & Practice, Vol. 10, issue 2, 2017, pp. 228-238.

[19] Constitution, Article 117.

[20] Constitution, Article 117.

[21] Constitution, Article 117.

[22] Constitution, Article 118.

[23] Constitution, Article 127.

[24] Constitution, Article 117.

[25] Legge 5 giugno 2003, n. 131 "Disposizioni per l'adeguamento dell'ordinamento della Repubblica alla legge costituzionale 18 ottobre 2001, n. 3" (G. U.  n. 132 del 10 giugno 2003) [Law 131/2003 “Provisions for the adaptation of the Law of the Republic to the Constitutional law"], Article 5.

[26] Constitution, Article 119.

[27] Committee of the Regions (2014) Division of powers between the European Union, member states, candidate and some potential candidate countries, and local and regional authorities: Fiscal decentralisation or federalism.

[28] Constitution, Article 117.

[29] Constitution, Article 117.

[30] Constitution, Article 117.

[31] Constitution, Article 117.

[32] Constitution, Article 117.

[33] Decreto Legislativo 18 agosto 2000, n. 267 "Testo unico delle leggi sull'ordinamento degli enti locali" (G.U. n. 227 del 28 settembre 2000 - Supplemento Ordinario n. 162) [Legislative Decree 267/2000  “Consolidated text of the laws governing local authorities"].

[34] Legge 7 aprile 2014, n. 56 “Disposizioni sulle città metropolitane, sulle province, sulle unioni e fusioni di comuni" (G.U. n. 81 del 7 aprile 2014) [Law 56/2014 "Provisions on metropolitan cities, provinces, unions and mergers of municipalities"].

[35] Decreto Legislativo 18 agosto 2000, n. 267 "Testo unico delle leggi sull'ordinamento degli enti locali" (G.U. n. 227 del 28 settembre 2000 - Supplemento Ordinario n. 162) [Legislative Decree 267/2000  “Consolidated text of the laws governing local authorities"].